Classic Readings and Cases in the Philosophy of Law
Classic Readings and Cases in the Philosophy of Law Susan Dimock • Canada Pearson \ With over sixty cases as support, this text presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Using law as a focus to bring into relief many social and political issues of pressing importance in contemporary society, this book encourages readers to think critically and philosophically.\ Classic Readings and Cases in the Philosophy of Law centers on...
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With over sixty cases as support, Classic Readings and Cases in the Philosophy of Law presents the philosophy of law as a perpetual series of debates with overlapping lines and cross connections. Exploring the relation of law to morality, liberty, disobedience, and punishment, this book delves into many social and political issues of pressing importance in contemporary society. The extensive anthology of cases covers the mundane to the grandest of constitutional issues, including controversial topics like ownership of genetic material, capital punishment, and gay rights. With its brief introductions to readings and cases and extensive study questions, this book encourages readers to think critically and philosophically.
ContentsPreface IntroductionPART 1: WHAT IS LAW?Chapter 1: Traditional Natural Law Theory: Law for the Common GoodSt. Thomas Aquinas, Law for the Common GoodChapter 2: Legal Positivism I: Law as CommandJohn Austin, The Command Theory of LawChapter 3: American Legal Realism: Law as Judicial PronouncementOliver Wendell Holmes, Law as Systematized Prediction of What the Courts Will DoJerome Frank, Law as the Product of Court DecisionsChapter 4: Legal Positivism II: Law as the Union of Primary and Secondary RulesH.L.A. Hart, Law as the Union of Primary and Secondary RulesChapter 5: Law and Economics: Law as EfficiencySusan Dimock, Law and EconomicsChapter 6: Feminist Jurisprudence: Law as a Patriarchal InstitutionPatricia Smith, Law as a Patriarchal InstitutionCatharine A. MacKinnon, Law as Male PowerAdditional ReadingsCases for DiscussionPalsgraf v. Long Island Rail Road Co.Lynch v. FisherHammontree v. JennerStewart v. Dutra Construction Co.Stockberger V. United StatesMcFall v. ShimpFarwell v. KeatonBerman v. AllanSindell v. Abbott LaboratoriesMoore v. Regents of the University of CaliforniaKowalski v. TesmerPenn Central Transportation Co. v. New York CityKelo v. City of New LondonPART 2: THE SEPARATION THESIS, LEGAL REASONING AND LEGAL INDETERMINACY: H.L.A. Hart and His CriticsChapter 7: The Separation of Law and MoralityH.L.A. Hart, Positivism and the Separation of Law and MoralsChapter 8: The Morality of LawLon L. Fuller, Positivism and Fidelity to Law–A Reply to Professor HartThe Morality that Makes Law PossibleChapter 9: Law as a System of RightsRonald Dworkin, Rules, Principles, and RightsHard CasesIntegrity in LawChapter 10: Hart’s Response to DworkinH.L.A. Hart, Defending Legal PositivismChapter 11: Law as an Indeterminate Patchwork of Irreconcilable Ideologies Andrew Altman, Legal Realism, Critical Legal Studies, and DworkinCritical Legal Studies and the Rule of LawAdditional ReadingsCases for DiscussionRiggs v. PalmerState of Maryland v. RuskRaich v. AshcroftSmall v. United StatesKorematsu v. United StatesPlessey v. FergusonBrown v. Board of EducationUnited States v. VirginiaHopwood v. TexasGrutter v. BollingerMichael M. v. Sonoma CountyPersonnel Administrator of Massachusetts v. FeeneyAfroyim v. RuskPART 3: CIVIL DISOBEDIENCE AND THE OBLIGATION TO OBEY LAWChapter 12: The Duty to Oppose Injustice Martin Luther King, Jr., Letter from Birmingham JailChapter 13: Civil Disobedience and Conscientious RefusalJohn Rawls, Civil Disobedience and Conscientious RefusalChapter 14: The Benefit of Challenging Uncertain LawsRonald Dworkin, Civil DisobedienceAdditional ReadingsCases for DiscussionSchenck v. United StatesWhitney v. CaliforniaWalker v. City of BirminghamMinersville School District, Board of Education v. GobitisWisconsin v. YoderEmployment Division, Dept. of Human Resources of Oregon v. SmithUnited States v. SchoonPART 4: LAW AND LIBERTYChapter 15: Civil Disobedience and the Presumption of an Obligation to Obey the LawChapter 16: In Defense of LibertyJohn Stuart Mill, On LibertyChapter 17: Paternalism Gerald Dworkin, PaternalismChapter 18: Legal MoralismLord Patrick Devlin, The Enforcement of MoralsChapter 19: A Refutation of Legal MoralismH.L.A. Hart, Law, Liberty, and MoralityAdditional ReadingsCases for DiscussionJohn Doe v. University of MichiganTexas v. JohnsonChen v. CaliforniaNew York Times v. SullivanNew York Times Co. v. United StatesVillage of Skokie v. National Socialist Party of AmericaHernandez v. Commonwealth of VirginiaBoy Scouts of America v. DaleMiller v. CaliforniaParis Adult Theater I v. SlatonReno v. American Civil Liberties UnionEngel v. VitaleEdwards v. AguillardVan Orden v. PerryGriswold v. ConnecticutRoe v. WadePlanned Parenthood v. CaseyBowers v. HardwickLawrence v. TexasLoving v. VirginiaGoodridge v. Department of Public HealthPART 5: PUNISHMENTChapter 20: UtilitarianismJeremy Bentham, An Introduction to the Principles of Morals and LegislationChapter 21: Retributivism I: A Kantian Theory of PunishmentImmanuel Kant, The Right of Punishing and PardoningChapter 22: Retributivism II: Fair PlayHerbert Morris, Persons and PunishmentChapter 23: Retributivism III: The Value of VictimsJean Hampton, A New Theory of RetributionChapter 24: RestitutionRandy Barnett, Restitution: A New Paradigm of Criminal JusticeChapter 25: Restorative JusticeGorden Bazemore, Three Paradigms for Juvenile JusticeAdditional ReadingsCases for DiscussionMiranda v. ArizonaGregg v. GeorgiaMcCleskey v. KempAtkins v. VirginiaRoper v. SimonsRummel v. EstelleHamdi v. RumfeldThe Insanity Defense: M’Naghten and DurhamState v. KellyUnited States v. OviedoPART 6: CONSTIUTIONAL INTERPRETATIONChapter 26: The Moral Reading of the American ConstitutionRonal Dworkin, The Moral Reading of the American ConstitutionAppendix The Bill of Rights and other Amendments to the Constitution of the United StatesSelections from the Canadian Charter of Rights and Freedoms Glossary
